Issues in Translating Legal Texts [PP: 69-74] Myrteza MURIÇI [Ph. D Candidate] Pristina, Republic of Kosovo
ABSTRACT We live in a world which is globalized and where international relations are much more active than ever. As people do not speak common language, need for translation and interpreting is more crucial in this regard. We cannot think of close contacts among states, societies, people and businesses without the mediation of translation and interpreting than before. Thus, translation and interpreting have became crucial and are playing a very important role in human interactions. International law, which regulates relations between organizations and states, has also gained importance. Thus, it can be said that international law (as a result of this translation and interpreting as well) has also become more crucial. Thus, legal translation has also become important among the other domains of translation. However, translating and interpreting are not easy at all. There is no room for error in translation and interpreting as legal consequences may follow. Legal translation involves very complex matters and specialized terminology. This is why it is extremely important to assign the legal translation task to a translator who is well qualified and specialized to handle translation of legal documents. The field of legal translation in Kosovo is not so much developed. There is a limited work and study done in this regard. Therefore, this paper attempts to make a modest contribution in this regard with description and discussion of the issues regarding translation of legal texts. Solutions offered herein may be taken as a basis for further research. Keywords: Translation, Legal Text, International Law, Kosovo, Interpreting, Translator ARTICLE The paper received on: 20/07/2016 Reviewed on: 14/08/2016 Accepted after revisions on: 09/09/2016 INFO Suggested citation: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org
1. Introduction translators need in order to render This paper deals with issues in professional and accurate translations. translating legal texts. Initially, it discusses 2. The Legal Language the legal language which is the language of Legal language refers to the the translation category dealt with herein language of and related to law and legal and then sets out linguistic characteristics of process. It is a variety of language the legal language. Further it will discuss appropriate to the legal situations of use. the legal translation, categories of the legal Because of its characteristics, it is also translation and finally, it will present issues regarded as a separate language - different in translating legal texts by providing some from the ordinary language. Linguistic of the requirements that good legal difficulties in legal languages arise from the International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 differences found in the different legal often does produce not just linguistic but cultures and legal systems. Legal language also legal impact and consequence because has developed its characteristics to meet the of the special nature of law and legal demands of the legal system in which it is language. Legal translation is a complex expressed. It is distinguished from other process that requires special skills, types of technical languages that convey knowledge and experience on the part of the universal information. In this sense, legal translator to produce such translation. It is a language is sui generis. Each legal language cross-cultural and inter-lingual is the product of a special history and communicative act and as a complex human culture. and social behavior. One of the main reasons why the Legal translation refers to the language of the law is difficult to rendering of legal texts from the source understand is that it is often very different language into the target language. In the from ordinary language. In legal language light of the purposes of the target language writing conventions are different, like: texts, legal translation can be classified into sentences often have peculiar structures, following categories: punctuation is used insufficiently, foreign There is legal translation for phrases are sometimes used instead of normative purpose. It refers to the ordinary phrases (e.g. inter alia instead of production of equally authentic legal texts among others), unusual pronouns are in bilingual and multilingual jurisdictions of employed (the same, the aforesaid, etc.), domestic laws, international legal unusual set phrases are to be found (null and instruments and other laws. Often such void, all and sundry), technical vocabulary, bilingual or multilingual texts are first unusual and archaic words, impersonal drafted in one language and then translated constructions, use of modal like shall, into another language or languages. They multiple negation, long and complex may also be drafted simultaneously in both sentences and poor organization are all or all languages. In either case, the different problematic. language texts have equal legal force and 3. Legal Translation one is not superior to another irrespective of Translation is an act of their original status. Examples of these are communication between text producers and the legislation in the bilingual jurisdictions text receivers and the translator is regarded of Canada and Hong Kong, the multilingual as a mediator between the two. Translators legal instruments of the UN and the of legal documents not only translate from multilingual laws of the EU. This category one language into another language but also of legal translation may also include private from one legal language into another legal documents such as contracts, the bilingual language. The translation of law has played texts of which are equally authentic in a a very important part in the contact between bilingual or monolingual jurisdiction. For different people and different cultures in instance, non-English speaking country history and is playing an even more contracts sometimes may stipulate that the important role in our globalized world. versions of the contract in the official language of the country and English are Legal translation is a special and both authentic, even though the language of specialized area of translational activity. the court and the country does not include This is due to the fact that legal translation English. In this category of legal translation, involves law and such translation can and Cite this article as: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org Page | 70
Issues in Translating Legal Texts MURIÇI, Myrteza.
the communicative purposes of the source Legal translation is often more language and target language texts are difficult than other types of technical identical. translation because of the system-bound Then, there is legal translation for nature of legal terminology. Unlike informative purpose, with constative or scientific or other technical terminology, descriptive functions. This includes each country has its own legal terminology translation of statutes, court decisions, (based on the particular legal system of that scholarly works and other types of legal country), which is quite different even from documents if the translation is intended to the legal terminology of another country provide information to the target readers. with the same language. Law, as a social This is most often found in monolingual phenomenon and product of a culture, jurisdictions. Such translations are different acquire a unique character in every society. from the first category where the translated Every society organizes its legislation or its law is legally binding. In this category, the legal system according to the legal concept source language is the only legally it has. For instance, Common Law in enforceable language while the target English is difficult to translate into language is not. For instance, a statute Albanian. This is linked with the written in Albanian translated into English differences in legal systems we have. for informative purpose for the benefit of Common Law legal system is characterized foreign lawyers or other English readers is by case law, which is law developed by not legally enforceable. judges through decisions of courts. The And there is legal translation for body of precedent is called Common Law general legal or judicial purpose. Such and it binds future decisions. In cases where translations are primarily for information the parties disagree on what the law is, a and are mostly descriptive. This type of common law court looks to past translated document may be used in court precedential decisions of relevant courts. If proceedings as part of documentary a similar dispute has been resolved in the evidence. Original source language texts of past, the court is bound to follow the this type may include legal documents such reasoning used in the prior decision. If the as statements of claims or pleadings, court finds that the dispute is fundamentally contracts, agreements and ordinary texts distinct from all previous cases, judges have such as business or personal the authority and duty to make law by correspondence, records and certificates, creating precedent. On the other hand our witness statements and expert reports etc. legal system is different. We have a civil Such translated texts have legal law system and our court decisions are consequences attached to them due to their based on written legal framework - use in the legal process. Thus, we can say primarily on Constitution and then on other that legal translation refers to the translation laws. Therefore, legal translators find it of texts used in law and legal settings. Legal difficult to translate Common Law into translation is used as a general term to cover Albanian as there is no equivalent in both the translation of law and other Albanian legal system. They translate this communications in the legal setting. For the expression as e drejta zakonore. However, legal translator, it is important to ascertain this translation is not accurate as e drejta the status and communicative purposes of zakonore includes unwritten norms both the original text and the translation. transmitted from one generation to another International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 Page | 71
International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 which have regulated social relationships. Moreover, as noted, translation of So, the equivalent of e drejta zakonore in legal texts of any kind, from statute laws, English is customary law. Common law contracts to courtroom testimony, is a should be translated as e drejta që bazohet practice that stands at the crossroads of në precedent gjyqësor and it is appropriate legal theory, language theory and to support this with a footnote explaining translation theory. Therefore, it is essential the difference in the respective legal that the legal translator has a basic systems. understanding of the nature of law and legal As a result of the increasing role of language and the impact it has on legal international relations and the increasing translation. demand for the free movement of people, As Šarčević points out, “legal goods and capital, in one way or another translators have traditionally been bound by legal translation affects all of us. In other the principle of fidelity to the source text. words, we can say that law has a close As a result, it was generally accepted that relation with language because it cannot the translator’s task is to reconstruct the exist without language. According to form and substance of the source text as Mellinkoff, (1963, p. 259) “Law is a closely as possible. Thus literal translation profession of words” whereas Arntz (the stricter the better) was the golden rule suggests that, “the law is alive in language” for legal texts” (1997, pg. 127). (1986, p. 92). However, Schroth suggests that “in In legal translation, due to the order to produce a text that leads to the same differences in legal systems, many of the results in practice, the translator must be legal terms in one language do not able to understand not only what the words correspond to terms in another. This is the and sentence mean, but also what legal problem of non-equivalence and represents effect it is supposed to have and how to a major source of difficulty in translation. achieve that legal effect in other language” Smith, (1995, p. 60) explains that “the (2010, p. 71). system-bound nature of legal text means The central requirement for the that successful translation into another translator is to comprehend the given text language requires competency in at least within an adequate legal perspective. For three separate areas: this purpose one needs a well-grounded 1. the legal translator must acquire a basic understanding based on subject knowledge knowledge of the legal systems, both in by doing researches. Specialist translation the source language and target in the field of law requires the formulation language; of communicatively adequate technical 2. must possess familiarity with the texts in the other language. relevant terminology; and Legal translator’s task is to convey 3. must be competent in the target what is said in the source text and not what language-specific legal writing style”. he/she believes it ought to say. In other words, a legal translator should not provide As seen above, without these legal advice and solve legal problems, but competencies, the translator’s rendition will translate and facilitate communication be a word-for-word translation that is often across linguistic, cultural and legal barriers incomprehensible. through the medium of language. He/she
Cite this article as: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org Page | 72
Issues in Translating Legal Texts MURIÇI, Myrteza.
should produce a text that preserves its always try to clarify or make the word more meaning, legal effect and intend. precise or less ambiguous. Lawyers should not expect The best way to avoid different translators to produce parallel texts that are interpretations of your writing is to replace identical in form. Yet, they should expect the ambiguous words with concrete them to produce parallel texts that are language. For example, if a local district identical in their legal meaning and effect. wants to ban heavy trucks from their Thus the translator's main task is to create a highways, the legislation would be clearer text that will produce the same legal effect if it specifically contained the words trucks in practice. To do so, the translator must be over [x] tonnage rather than saying large able to understand not only what the words vehicles. mean and what a sentence means, but also Alimi, (2013, p. 18) suggests that what legal effect it is supposed to have and “ambiguous words should be avoided and how to achieve that legal effect in the other substituted with another word which is language. tantamount and monosemic”. He rightfully Translators must be able to use legal provides that: “any time a translator faces a language effectively to express legal word that would seem or sound even a little concepts in order to achieve the desired ambiguous, with no hesitation or indolence, effect. They must be familiar with the it is appropriate that he/she looks for and conventional rules and styles of legal texts necessarily finds the adequate word for the in every field of the individual legal concrete situation that eliminates possible systems. A legal translator must not forget and tiresome dilemma for the reader that even a ‘Will’ is not valid if not written affiliated with different social in the correct style. environment” (2013, p. 21). Then he 4. Translation of Ambiguous Legal Texts finishes by asserting that: “the clearer the Translation of any ambiguous text is text is in the translated language, the closer difficult. In legal translation it is even more the translator is in performing his/her task” difficult and problematic. This is due to (2013, p. 22). linguistic uncertainties like vagueness, 5. Conclusion generality and ambiguity. Legal disputes In the light of findings of this paper, often arise from linguistic uncertainties the following conclusion is provided: found or allegedly found in contracts and Initially, this paper discussed the statutes. legal language and provided that it is the An important point for the legal language of and related to law and legal translator with regard to linguistic process, that it is regarded as a separate uncertainties is that one should always bear language - different from the ordinary in mind the task of the translator. A legal language. It also mentioned that each legal translator is not a lawyer. The central task language is the product of a special history of the translator is to translate, not to solve and culture. Further it presented that the legal problems. Thus, one of the tasks for legal translation has played a very important the translator in such situations is to part in the contact between different people recognize the linguistic uncertainty that and different cultures in history and is may have occurred, intentionally or playing an even more important role in our unintentionally, in the original text and globalized world and that legal translation whenever possible, the translator should is a complex process that requires special International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 Page | 73
International Journal of English Language & Translation Studies ISSN:2308-5460 Volume: 04 Issue: 03 July-September, 2016 skills, knowledge and experience on the Joseph, A. (1986). Natural Law and its History. part of the translator to produce such Concilium 5. translation as it is a cross-cultural and inter- Mellinkoff, D. (1963). The Language of the lingual communicative act and as a complex Law. Little, Brown Publishing human and social behavior. House. Smith, S. A. (1995). Culture Clash: Anglo- Finally, it provided the role of a American Case Law and translator in the translation process by German Civil Law in highlighting that the central task of the Translation. John Benjamins translator is to translate, not to solve legal Publishing Company. problems and that he/she should produce a Schroth, P. (2010). Legal Translation. The text that preserves its meaning, legal effect American Journal of and intend. Comparative Law. Šarčević, S. (997). New Approach to Legal References Translation. Kluwer Law Alimi, D. (2013). 10 Orders of the Translation International, The Hague, Theory. SUT Press. Netherlands.
Cite this article as: MURIÇI, M. (2016). Issues in Translating Legal Texts. International Journal of English Language & Translation Studies. 4(3), 69-74. Retrieved from www.eltsjournal.org Page | 74